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Disability Rights 17 Filing a Complaint 20. Can I file a complaint with OFCCP and the KNOW YOUR RIGHTS Equal Employment Opportunity Commission Disability Rights 17. What can I do if I believe my employer (EEOC)? discriminated against me because of my Yes, if you file with both OFCCP and EEOC, your disability? complaint will be investigated by the appropriate agency. In some instances, OFCCP and EEOC may employers doing business with the You can file a complaint with OFCCP. You do not decide to work together to investigate your complaint. OFCCP Protects Individuals with need to know with certainty that your employer is a Federal Government to discriminate Disabilities from Discrimination against job applicants and employees federal contractor or subcontractor in order to file a OFCCP generally keeps complaints filed against based on disability. This means that complaint. federal contractors that allege discrimination based 1. What is employment discrimination based these employers cannot discriminate on disability. OFCCP generally keeps complaints on a person’s disability? against you when making decisions 18. How do I file a complaint with OFCCP? filed against federal contractors where there appears on hiring, firing, pay, benefits, job to be a pattern of discrimination that affects a Employment discrimination based on a person’s assignments, promotions, layoffs, You may file a discrimination complaint by: group of employees or applicants, and those that disability generally occurs when an employer treats training, and other employment related allege discrimination based on a person’s sexual a qualified job applicant or employee unfavorably activities. • Completing and submitting a form online through orientation, gender identity, or protected veteran in any aspect of employment because the individual OFCCP’s Web site; or status. Generally, OFCCP keeps complaints filed has or once had a disability, or is regarded as having • Completing a form in person at an OFCCP office; or against federal contractors that allege discrimination a disability. Employment discrimination based 4. Who does OFCCP protect? based on someone asking about, discussing, or on a person’s disability may also occur when an OF CCP protects the rights of job • Mailing, e-mailing, or faxing a completed form to disclosing pay. employer’s apparently fair policies or procedures applicants and employees of the OFCCP regional office that covers the location have an unintentional discriminatory effect on Federal Government contractors where the alleged discrimination occurred. individuals with disabilities. 21. What will happen if there is a finding that I and subcontractors. This includes employees at banks, information was a victim of employment discrimination? The form is available online at https://www.dol.gov/ 2. What are my rights? technology firms, meat packing plants, ofccp/regs/compliance/pdf/pdfstart.htm and in You may be entitled to a remedy that places you You cannot be denied employment, harassed, retail stores, manufacturing plants, paper format at all OFCCP offices. To find the office in the position you would have been in if the demoted, fired, paid less, or treated poorly because accounting firms, and construction nearest to where you live, visit the online listing of discrimination had never happened. You may you have a disability, or have a history of a disability, companies, among others. OFCCP offices at: www.dol.gov/ofccp/contacts/ be entitled to be hired, promoted, reinstated, or or because your employer regards you as having a ofnation2.htm. provided a reasonable accommodation, including mental or physical impairment that is permanent. reassignment. You may also be entitled to receive Definition of Disability You must remember to sign your completed back pay, front pay, a pay raise, or some combination If you are an employee with a disability you can complaint form. If you fail to do so, OFCCP will still of these remedies. In addition, if OFCCP finds that 5. What is the definition of request, and the employer must provide, “reasonable take your complaint but an OFCCP investigator will the federal contractor or subcontractor violated “disability”? accommodation” to allow you to perform your job. ask you to sign the form during a follow-up interview. Section 503, OFCCP could seek to have the company Reasonable accommodation must be provided to you You may be considered an individual Complaints alleging discrimination based disability debarred or removed from consideration for future by your employer unless doing so would cause the with a disability if you have: must be filed within 300 days from the date of the federal contracts or have the company’s current employer significant difficulty or expense. alleged discrimination, unless the time for filing is contracts or contract modifications cancelled. • a physical or mental impairment extended for good cause. that substantially limits one For more information: Similarly, if you are a job applicant with a disability, the or more of your major life the u.s. department of labor employer must provide reasonable accommodation activities; or 19. Can my employer fire, demote, or treat me during the application process to allow you to apply less favorably because I filed a complaint? Office of Federal Contract Compliance Programs 200 Constitution Avenue, NW and be considered for the job. Again, reasonable • a record of such impairment. accommodation must be provided unless it would be No. It is illegal for your employer to retaliate against Washington, D.C. 20210 too difficult or too expensive to do so. You may also be considered an individual with you for filing a complaint or participating in an 1-800-397-6251 a disability if you are “regarded” as having a investigation. OFCCP’s regulations protect you from TTY: 1-877-889-5627 3. Does OFCCP enforce anti-discrimination physical or mental impairment that substantially harassment, intimidation, threats, coercion, or www.dol.gov/ofccp limits one or more of your life activities, or retaliation for asserting your rights. laws based on disability? Please note that this fact sheet provides general information. It is not “regarded” as having a record or history of intended to substitute for the actual law and regulations regarding the Yes. OFCCP enforces Section 503 of the such impairment even if you do not have an program described herein. Rehabilitation Act. This law makes it illegal for impairment. 200 CONSTITUTION AVENUE NW | WASHINGTON, DC 20210 | tel: 1-800-397-6251 | TTY: 1-877-889-5627 | 200 CONSTITUTION AVENUE NW | WASHINGTON, DC 20210 | tel: 1-800-397-6251 | TTY: 1-877-889-5627 | www.dol.gov/ofccp www.dol.gov/ofccp Revised September 2016 6. What are some examples of a disability? Bladder • the employer believes that you are not able to • Holding recruitment, interviews, tests, and other The physical impairments listed below are usually Neurological System perform the job successfully or safely because parts of the application process in accessible considered to be a disability: Brain of your medical condition. locations. Respiratory System • Holding staff meetings in accessible locations. Diabetes Cancer Circulatory System Epilepsy HIV infection 12. How does my employer handle my Cardiovascular System medical information? • Providing or modifying equipment and devices. Blindness Endocrine System • A djusting or modifying policies and procedures. Hemic System The law requires that all medical records and Mental impairments that are usually considered Lymphatic System information remain confidential and in separate • Changing the work environment in ways that disabilities include, but are not limited to, Musculoskeletal System medical files from other employment files. improve accessibility. impairments such as: Reproductive System Major depressive disorder Seeking Reasonable Accommodation 15. How do I request reasonable Bipolar disorder 9. Can I still be considered disabled if my accommodation? Schizophrenia impairment is episodic or in remission? 13. What is “reasonable accommodation”? There is no special process for you, either as Post-Traumatic Stress Disorder “Reasonable accommodation” is an adjustment an employee or job applicant, to request an Obsessive Compulsive Disorder Yes. An impairment that is episodic or sporadic, or is in remission is considered a disability if it or modification made to a job or the workplace accommodation. You do not have to use special substantially limits a major life activity when active. or the usual manner or circumstances of words or the words “reasonable accommodation” 7. What does “substantially limits” means? performing the job that allows an applicant or when making your request, nor do you have to put employee with a disability to successfully apply your request in writing. You should simply tell your “Substantially limiting” means that to a large degree your impairment limits your ability to Applying for a Job for the job, perform the duties of the job, or employer that you need an adjustment or change at perform a major life activity when compared to enjoy the benefits and privileges of employment. work due to a disability. You should be prepared to most people. Your impairment does not have to 10. Do I need to disclose my disability when A reasonable accommodation does not change provide your employer with enough information to prevent, or significantly or severely restrict you applying for a job in order to be protected? essential job functions. show that you have a disability. from performing a major life activity in order to No. You are protected from discrimination whether If you need an accommodation in the application be considered “substantially limiting.” or not you share this information. However, to Your “reasonable accommodation” may process, you must inform the employer that you receive a reasonable accommodation, you must be different from those provided to other need a change or adjustment to the application or For example, if you only sleep two hours per inform your prospective employer of your need for employees or job applicants. This is because interview process because of your disability. You can night because of bipolar disorder while an an accommodation.
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